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1996 Supreme(SC) 1447

G.B.PATTANAIK, K.RAMASWAMY
Akhil Bharatiya Soshit Karamchari Sangh, Through Its Secretary – Appellant
Versus
Union Of India Through Its Secretary, Ministry Of Railway – Respondent


JUDGMENT

G.B.PATTANAIK, J.

(1) SPECIAL leave petition was listed before us on 6/9/1996 and the same was dismissed but it was indicated that the reasoned order will follow and accordingly this order is being passed.

(2) THE question for consideration is whether the central Administrative tribunal, Allahabad bench, committed any error in dismissing the OAs filed before it on interpretation of the different circulars issued by the Railways and following the Constitution bench decision of this court in R.K. Sabharwal v. State of Punjab on the question of promotion of a reserved category candidate on the basis of his normal seniority in the cadre from which he is being promoted.

(3) PETITIONERS 1 and 2 filed OA No. 304 of 1992 challenging the promotion of Shri A.S. Rana, Respondent 6 to the post of DSK-I made on 26/2/1991. The case of the petitioners was that Petitioner 2 joined the Railways as a Junior Clerk on 4/12/1956 and was promoted as Senior Clerk on 1/4/1966. He was promoted to DSK-III on 16/10/1978 and further promoted to DSK-II on 24/3/1989. Respondent 6 belonging to the reserved category was appointed in the Railways as Junior Clerk on 30/10










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